IN THE CASE OF:
BOARD DATE: 21 JULY 2009
DOCKET NUMBER: AR20090010694
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his request to have his records corrected to show that he was retired in the pay grade of E-8.
2. The applicant states, in effect, that he was transferred to the Retired Reserve in the pay grade of E-8 on 30 November 1998 after having served as a first sergeant for 16 months. He goes on to state that he was paid in the pay grade of E-8 while in the U.S. Army Reserve (USAR); however, when he became eligible to receive his Retired Pay, he was paid in the pay grade of E-7 and he has been unable to get his pay grade changed to the pay grade of E-8.
3. The applicant provides a copy of his orders promoting him to the pay grade of E-8, a copy of orders transferring him to the Retired Reserve in the pay grade of E-8, a copy of orders ordering him to active duty for special work (ADSW) in the pay grade of E-8, copies of seven leave and earnings statements, a copy of his request to be transferred to the Retired Reserve, a copy of a DD Form 1172 (Application for Uniformed Services Identification Card - DEERS Enrollment), and a copy of his DA Form 2A (USAR) (Personnel Qualification Record (Enlisted)).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080003492 on 5 June 2008.
2. The applicant was born on 21 December 1947 and was inducted into the Army of the United States on 28 May 1968. He completed his training as a light weapons infantryman and served a tour in Vietnam before being honorably released from active duty on 27 May 1970 due to the expiration of his term of service. He was transferred to USAR Control Group (Annual Training) until he was honorably discharged on 1 May 1974.
3. He enlisted in the USAR on 11 March 1980 and served as a motor transport operator in a USAR unit in Kingsport, Tennessee throughout his entire Reserve career. He served in Southwest Asia in support of Operation Desert Shield/
Storm from 5 January 1991 to 25 June 1991 and he was promoted to the pay grade of E-8 on 29 July 1997. He served as the unit first sergeant from the date he was promoted until the date he was transferred to the USAR Control Group (Retired) on 30 November 1998, in the pay grade of E-8. The leave and earnings statements he provided show he was paid as an E-8 during that period.
4. The applicant's 20-year letter is dated 15 April 1998 and his ARPC Form
249-2-E (Chronological Statement of Retirement Points), dated 17 April 1998, shows that he had 20 creditable years of service for retirement; however, it indicates his pay grade is E-7.
5. The Board previously considered the applicant's case and denied his request to be placed on the Retired List in the pay grade of E-8; however, the Board did not have his actual records at the time and relied on information contained in his electronic records, which did not contain sufficient information to grant the applicant's requested relief.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be placed on the Retired List in the pay grade of E-8 has been noted and found to have merit.
2. The applicant was promoted to the pay grade of E-8 on 29 July 1997 and he served as the unit first sergeant until he was transferred to the USAR Control Group (Retired) on 30 November 1998.
3. At the time he was transferred to the USAR Control Group (Retired), he was being paid in the pay grade of E-8 and thus he is entitled to be placed on the Retired List in that pay grade. He became eligible to receive retired pay effective 21 December 2007.
BOARD VOTE:
___X_____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080003492, dated 5 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was placed on the Retired List in the pay grade of E-8 instead of the pay grade of E-7 and that he be paid all back pay and allowances that result from this correction.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War and the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
________XXX_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090010694
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090010694
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009700
He states that his total military service at the time of his retirement was 30 years, 6 months and 15 days as reflected in his orders and that 20 years of his service were in an active status. While the applicant's records show that he was promoted to the rank of sergeant first class (E-7) while he was a member of the USAR (not in an active status), his records also show that he had 3 months and 5 days of service as a member of the USAR (in an active status) subsequent to his promotion to...
ARMY | BCMR | CY2008 | 20080007246
The applicant requests that his records be corrected to reflect his retired rank as a major (MAJ) instead of captain (CPT). Rather, his service on active duty after his REFRAD as a USAR CPT was entirely served as an enlisted member of the Regular Army. It has been noted that the applicants DD Form 214 incorrectly reflects that he was REFRAD as a MAJ O-4 and further indicates that he was serving as a commissioned officer at the time of his REFRAD, when in fact he was serving on active duty...
ARMY | BCMR | CY2004 | 20040002845C070208
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides the policy and guidance for USAR and ARNG retired pay. The citation of the wrong authority on the 1994 reduction gives the impression that the applicant was never actually authorized pay grade E-7. The applicant's record clearly shows, however, that he was promoted to SFC (E-7) on 1 May 1990 and that he served in that grade until 16 June 1994 when he was reduced to pay grade E-6 through no fault of his own.
ARMY | BCMR | CY2013 | 20130009458
The Retired Activities Directorate, Army Reserve Personnel Center, now known as HRC, will screen each retirement applicant's record to determine the highest grade held by him or her during his or her military service to determine the highest grade satisfactorily held. If the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be that grade which a commissioned officer or enlisted Soldier held while serving on active duty or in an...
ARMY | BCMR | CY2012 | 20120000296
Department of Defense Financial Management Regulation (DODFMR), volume 7B (Military Pay Policy and Procedures-Retired Pay), chapter 1 (Initial Entitlements-Retirements), section 0105 (Rank and Pay Grade), paragraph 010501A (General Determinations) states that unless entitled to a higher grade under some other provision of law, those Regular and Reserve members who retire other than for disability, will retire in the Regular or Reserve grade they hold on the date of retirement. By law, a...
ARMY | BCMR | CY2008 | 20080018371
The evidence of record shows that the applicant was conditionally promoted to SGM effective 1 November 1995, and served in that grade for 3 years, 11 months, and 7 days. He is also entitled to correction to his records to show he was transferred to the Retired Reserve in the rank and pay grade SGM, E-9, effective 22 May 2002, and that he was placed on the Retired List in the rank and pay grade SGM, E-9, effective 26 September 2006, and entitled to appropriate pay and allowances associated...
ARMY | BCMR | CY2008 | 20080011801
The applicant requests, in effect, that his records be corrected to show that he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) during the period of 3 November 2002 through 3 January 2007, that he was granted retirement points for that period, and that he was promoted to the rank of first lieutenant (1LT) on 24 January 2003. He also states that he has again been appointed in the MNARNG in the rank of 2LT on 3 January 2007 and desires his date of...
ARMY | BCMR | CY2008 | 20080004188
The evidence of record shows the applicant was reduced to the rank of SSG, pay grade E-6 with an effective date of 1 May 1995. The applicant's record indicates that he retired on 14 November 2007 and held the rank and grade of SSG, E-6 on the date of his retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri Orders P11-794055,...
ARMY | BCMR | CY2008 | 20080016365
The applicant requests, in effect, that: a. his enlistment contract be voided with reinstatement in the United States Army Reserve (USAR) Control Group (i.e., the Control Group (Reinforcement)); b. he be promoted to major/pay grade O-4 based on the results of a special selection board (SSB) with entitlement to back pay and allowances; c. a statement for the gap in his officer evaluation reports for his non-rated time as a major be placed in his official military personnel file (OMPF); and d....
ARMY | BCMR | CY2009 | 20090008777
The applicant requests correction of his military records to show that he was retired in the rank/grade of first sergeant (1SG)/E-8. The applicant states that he served as a first sergeant but was placed on the retired list in the rank/grade of master sergeant (MSG)/E-8. Orders 109-023, Headquarters, 104th Division (Training), Vancouver, WA, dated 6 November 1986, reassigned the applicant to the U.S. Army Reserve (USAR) Control Group (Reinforcement), St. Louis, MO, by reason of personal ...